EPA v. EXIDE TECHNOLOGIES, IN RE (NATIONAL CASE)

Case summary

On November 15, 2021, DOJ, on behalf of EPA, filed a stipulation in the U.S Bankruptcy Court in Delaware in In re Exide Holdings, addressing EPA's CERCLA cost recovery claims for sites nationwide including three in Region 3: (1) the Wiley's Bridge Lead Site; (2) the Reading/Laureldale Facility; and (3) the Brown's Battery Breaking Superfund Site. All three sites are in Berks County, PA and were heavily contaminated with lead and other metals from Exide's historic battery production operations. The stipulation would allow fully liquidated, general unsecured claims of $4,270,000 for the Wiley's Bridge Lead Site; $471,203 for the Brown's Battery Breaking Superfund Site; and $12,000,000 for the Reading/Laureldale Facility. However, the actual distribution amounts will be determined based upon the total amount of claims to be paid from the fund for general unsecured claims. Current estimates suggest that the actual distribution will be approximately 1% of the allowed claim. EPA may place the funds into site special accounts or return them to the Superfund Trust fund. The stipulation is subject to a public comment period and final court approval. Cleanup work is completed at the Wiley's Bridge Lead Site. EPA is currently working collaboratively with PADEP to address remaining contamination at both the Brown's Battery Breaking Superfund Site and the Reading/Laureldale Facility.

Defendants (2)

• exide
• EXIDE TECHNOLOGIES, LLC., et al.,Named in complaintNamed in settlement

Facilities (4)

• BROWN'S BATTERY BREAKING

  446 FISHER DAM ROAD, SHOEMAKERSVILLE, PA, 19555

  Registry ID: 110009307963

• EXIDE TECHNOLOGIES SITE

  3000 MONTROSE AVE, LAURELDALE, PA, 19605

  Registry ID: 110071100120

• EXIDE TECHNOLOGIES

  3000 MONTROSE AVE, READING, PA, 19605

  Registry ID: 110071100120

• WILEYS BRIDGE LEAD SITE

  INTERSECTION OF BOWERS RD AND WILEYS LANE, READING, PA, 19605

  Registry ID: 110067037799

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• EXIDE TECHNOLOGIES, IN RE (NATIONAL CASE)entered 2022-01-24

  Primary law: CERCLA

Timeline (6 milestones)

• 2020-11-13Referred To Dept Of Justice
• 2021-05-04Enforcement Action Data Entered
• 2021-11-15Complaint Filed With Court
• 2022-01-24Final Order Lodged
• 2022-01-24Final Order Entered
• 2022-01-24Enforcement Action Closed